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Privately-operated Texas Prison Rebounds by Matthew Clarke Despite years of controversy that included sitting vacant for months after it was built and staff members being arrested for smuggling contraband and having sexual relationships with prisoners, the Jack Harwell Detention Center in Waco, Texas has rebounded. It now houses more prisoners, …
Article • April 1, 2016 • from PLN April, 2016
Transparent Jumpsuit for Prison Transport May Violate Eighth Amendment by The Seventh Circuit Court of Appeals held last year that a prisoner stated a claim when he alleged he was forced to wear a see-through jumpsuit that exposed his genitals and buttocks while being moved from a county jail to …
Article • April 1, 2016 • from PLN April, 2016
Ninth Circuit: Improper ICE Detainer Constitutes Article III Injury by Mark Wilson The Ninth Circuit Court of Appeals reversed a district court’s dismissal of a false imprisonment suit based upon an improper immigration detainer, as the district court incorrectly held that it lacked Article III standing. In June 2007, Bernardo …
Article • April 1, 2016 • from PLN April, 2016
Filed under: Voting, Release and Reentry
The Will of the People: Ex-prisoners Voted into Public Office by Joe Watson What happens when voters elect a public official once deemed a public threat by the criminal justice system? From Connecticut to Virginia, Michigan to New Hampshire and Oregon to Oklahoma – just a few of the places …
Article • April 1, 2016 • from PLN April, 2016
California: Strip Searches of Prison Visitors No Longer Allowed by After just over a year of increased scrutiny for prison visitors, presumably to stem the flow of drugs and other contraband into California’s 35 state correctional facilities, prison officials announced in January 2016 that they would end the controversial practice …
Publication • April 1, 2016
Letter to Seattle Mayor re detention facility environmental concerns - April 2016 Human Rights Defense Center DEDICATED TO PROTECTING HUMAN RIGHTS April 1, 2016 Mayor Ed Murray City of Seattle 600 4th Ave., 7th Floor Seattle, WA 98104 Re: Children and Family Justice Center MUP Permit Dear Mayor Murry, We …
Assessing Inmate Cause of Death, DOJ, 2016 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics TECHNICAL REPORT April 2016, NCJ 249568 Assessing Inmate Cause of Death: Deaths in Custody Reporting Program and National Death Index Zhen Zeng, Ph.D., Margaret Noonan, and E. Ann Carson, Ph.D., BJS …
Article • March 31, 2016 • from PLN April, 2016
Exonerated New York Prisoner Recovers $21.9 Million in Damages by An exonerated former New York prisoner received $21.9 million as a result of settlements and a jury verdict in a federal lawsuit claiming that law enforcement officials were responsible for his wrongful convictions for rape and homicide. Jeffrey Deskovic, 16, …
Article • March 31, 2016 • from PLN April, 2016
California Supreme Court Voids Ex Post Facto Sex Offender Residency Restrictions by Derek Gilna Proposition 83, passed in 2006 by California voters and popularly known as Jessica’s Law, had the stated aim of protecting children from sex offenders. It was later codified at Pen. Code § 3003.5(b), but on March …
Article • March 31, 2016 • from PLN April, 2016
Texas: $400,000 Settlement Award to Mentally Ill Jail Prisoner by On June 2, 2015, the Harris County Commissioners Court awarded $400,000 to Terry Goodwin, a mentally ill prisoner, to settle a civil lawsuit stemming from his extreme neglect while housed at the Harris County Jail in Houston. “I have never …
Article • March 31, 2016 • from PLN April, 2016
Prison’s Censorship of Newsweek Upheld by The Eighth Circuit Court of Appeals affirmed a grant of summary judgment to prison officials in a First Amendment challenge to the censorship of a magazine because it contained an article that reported violence and disorder in Mexico involving drug cartels. Missouri prisoner Joseph …
Article • March 31, 2016 • from PLN April, 2016
Sixth Circuit Allows Revival of Untimely Habeas Appeal Using Rule 60(b) by Matthew Clarke The Sixth Circuit allowed a prisoner to revive the appeal of her federal habeas corpus action in the interests of justice after she won a civil rights lawsuit against prison guards who prevented her from filing …
Article • March 31, 2016 • from PLN April, 2016
Filed under: Voting
Kentucky Restores Voting Rights for Former Prisoners, then Reverses Course by On November 24, 2015, two weeks before the end of his term, Kentucky Governor Steve Beshear signed an executive order that restored the right to vote to certain convicted felons. Less than a month later, on December 22, incoming …
Defense Verdict in Kentucky Prisoner’s Death; Appellate Court Reverses by David Reutter A Kentucky state jury found for the defendants in a lawsuit alleging a jail guard and nurse failed to monitor and treat a pretrial detainee’s serious medical condition, resulting in her death. Recently, however, the Court of Appeals …
Article • March 31, 2016 • from PLN April, 2016
Seventh Circuit Reverses Dismissal of Terre Haute Prisoner’s FTCA Suit by Derek Gilna Federal prisoner Charles D. Keller filed a lawsuit under the Federal Tort Claims Act (FTCA) against prison officials at the U.S. Penitentiary in Terre Haute, Indiana, seeking damages after he was assaulted by another prisoner. Despite his …
Article • March 31, 2016 • from PLN April, 2016
$2.5 Million Award for Wrongfully Convicted Former Michigan Prisoner by An exonerated Michigan man will receive $2.5 million for his almost 26 years of wrongful incarceration. He was released from prison after it was discovered that Detroit police had tainted the victim’s identification and withheld exculpatory evidence. Walter Swift was …
Article • March 31, 2016 • from PLN April, 2016
Ninth Circuit Rules Judge “Abused Discretion” in Imposing Abstinence as Supervised Release Condition by Derek Gilna Raymond Leo Jarlik Bell, convicted of filing false income tax returns to obtain fraudulent refunds, appealed his 97-month federal prison sentence on three grounds, including whether the judge committed Sixth Amendment error by failing …
Article • March 31, 2016 • from PLN April, 2016
Filed under: Overdetention
$360,000 Verdict Against Indiana Sheriff for Denying Prompt Court Hearings by An Indiana federal court awarded nearly $360,000 in a class-action lawsuit alleging the Allen County Sheriff’s Office violated arrestees’ due process rights by failing to bring them before a court within 48 hours. The class consisted of 962 people …
Article • March 31, 2016 • from PLN April, 2016
Deaths of Prisoners in Indiana, California and Arkansas Linked to Flu Virus by Joe Watson A winter outbreak of the H1N1 flu virus is being blamed for the death of one prisoner and sickening 40 others, including five staff members, at the Putnamville Correctional Facility in Greencastle, Indiana in January …
Article • March 31, 2016 • from PLN April, 2016
Texas Disciplinary Appeals Board Upholds Disbarment of State Prosecutor by On February 8, 2016, the Texas Board of Disciplinary Appeals, appointed by the state Supreme Court, upheld the disbarment of former prosecutor Charles J. Sebesta, Jr. for using tainted testimony and false statements to obtain a death sentence against now-exonerated …
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